EB-5 Visa: U.S. Green Card by Investment

• Designed for foreign investors who meet the requirements for a qualifying investment, a lawful source of funds, and job creation in the United States
• Once the petition is approved and a visa is available, the investor, their spouse, and unmarried children under 21 may receive conditional U.S. green cards

• US$800,000 for a project located in a Targeted Employment Area (TEA), which covers rural areas and high-unemployment areas
• US$1,050,000 if the project is not located in a TEA

Investors should confirm the investment amount at the time of filing, as the law and official guidance may change.

• Since the RIA took effect, TEAs fall into 2 main categories: rural areas and high-unemployment areas
• Projects in a TEA may qualify for the US$800,000 investment amount, and some of these categories also have set-aside visas

• Form I-526E petitions receive priority processing from USCIS under current rules
• Falls under a separate set-aside visa category

"Priority processing" is not a commitment to a fixed approval timeline. Investors still need to conduct due diligence on the project, their source of funds, and visa availability under the Visa Bulletin at the time of filing.

The 3 main risks of an EB-5 investment:

• A regional center that lacks experience in project due diligence and selection
• A project that fails to create enough jobs or uses the capital for purposes other than those intended
• A source of funds that cannot be documented to USCIS requirements

Working with an inexperienced immigration attorney or immigration firm also increases the risk to your petition.

A well-managed EB-5 investment aims to improve the likelihood of obtaining a green card while reducing risk to your capital. Investors should weigh 3 factors:

• A regional center with a track record of successfully delivering projects
• An immigration attorney with extensive hands-on experience
• A transparent advisory firm that conducts independent project due diligence

Unmarried children under 21 can be included in the petition

• A child's age is locked in when the I-526 petition is filed
• While the I-526 petition is pending, that time does not count toward the child's age
• After the I-526 decision and until the visa is issued, the child's age continues to count

You must enter the U.S. while your visa is valid

• An immigrant visa is valid for about 6 months from the date of the medical examination
• You must travel to the U.S. before the visa expires to activate it
• You can expect to receive your green card in about 3 weeks to 1 month

There is no fixed residence requirement

• You need to demonstrate an intent to maintain your permanent resident status
• As a guideline, avoid spending more than 6 months a year outside the U.S.
• If you travel frequently, consider applying for a reentry permit

• "C" (Current) means visas are available to eligible applicants at the time the bulletin is published
• This does not mean a petition will definitely be approved or a visa issued immediately
• Investors still need USCIS to approve their petition and must complete the National Visa Center (NVC) process and interview, or adjustment of status if eligible

• According to the June 2026 Visa Bulletin, the set-aside EB-5 categories (rural areas, high-unemployment areas, and infrastructure projects) are currently not backlogged for any country.
• The unreserved EB-5 category is also not currently backlogged for applicants born in Vietnam.
• The Visa Bulletin changes every month, so this information needs to be updated regularly

Last updated: June 2026.

• EB-5 does not require the investor to hold a specific degree, speak English, have U.S. business experience, or have a sponsoring employer
• The petition focuses on a qualifying investment, a lawful source of funds, a project that creates enough jobs, and compliance with the relevant immigration requirements

• If you make your EB-5 investment through a regional center, you generally do not need to manage the business directly
• Operational responsibility lies with the project or developer and the relevant management company
• Investors still need a clear understanding of the project structure, their rights and obligations, the risks, and the capital repayment timeline set out in the offering documents

• It is investment capital that can be shown to come from lawful sources: income, business profits, asset sales, dividends, inheritance, gifts, or qualifying loans
• USCIS looks not only at where the money came from, but also at whether the entire evidentiary record is consistent, credible, and fully documented

• It is the process of documenting how the money moved from its original source to the EB-5 investment account
• For example, proceeds from a property sale require proof of ownership, the sale contract, payment records, tax filings (if any), bank statements, and wire transfer records
• The clearer the path of funds, the lower the risk of a Request for Evidence (RFE)

• Yes, provided both the source of funds and the path of funds are fully documented
• Gifts or inheritances: you must document the donor's source of funds or the origin of the inherited assets
• Loans: the collateral, the loan terms, and the USCIS rules in effect at the time of filing must be reviewed
• Families should assess their source of funds before transferring capital

• Direct investment: the investor creates and documents direct jobs within their own business
• Regional center investment: the investor contributes capital (US$800,000) to a project whose capital raise is managed by a regional center, creating 10 jobs for U.S. workers
• This route is better suited to families who want to immigrate but do not wish to run a business in the United States themselves

• Form I-956F is the application a regional center files to request USCIS approval of an EB-5 investment project
• A project with a well-documented or approved Form I-956F gives investors a better basis for assessing its compliance
• Form I-956F does not replace due diligence on financial risk, job-creation risk, and the project's capacity for capital repayment

• Form I-526E is the immigrant petition filed by an EB-5 investor who invests in a project through a regional center
• The petition typically covers the investor's background, source of funds, path of funds, the investment, and the EB-5 project
• Once Form I-526E is approved, the family continues with immigrant visa processing through the NVC and a U.S. embassy or consulate, or with the applicable process if they are already in the United States and eligible

• Form I-829 is the petition to remove the conditions on an EB-5 green card
• Investors must file Form I-829 within the 90-day period before their 2-year conditional green card expires
• USCIS reviews whether the investment was sustained as required and whether the project created enough qualifying jobs

• Under EB-5 rules, each EB-5 petition must be tied to at least 10 qualifying full-time jobs for U.S. workers
• For regional center projects, jobs may be counted using economic models (direct, indirect, and induced jobs), provided the requirements are met

• A job cushion is the number of projected jobs above the minimum required for all EB-5 investors in the project
• The larger the job cushion, the more margin the project has for meeting its job-creation target
• It is an important criterion in project due diligence, but it is not a guarantee of the I-829 outcome

Investors should weigh 5 groups of criteria together:

• Job-creation capacity and job cushion
• Targeted Employment Area (TEA), rural area, or high-unemployment area status
• Track record of the regional center and the developer
• Capital structure, collateral, and exit timeline
• Transparency of the legal documentation

The right project should serve both your immigration goals and your capital risk management.

• Eligible family members: the principal investor's lawful spouse and unmarried children under 21
• If a child is approaching 21, the family should check the child's age under the Child Status Protection Act (CSPA) and visa availability as early as possible to reduce the risk of the child aging out while the case is pending

• Families with children between 18 and nearly 21 should evaluate EB-5 as early as possible
• A child's age for immigration purposes depends not only on the date of birth but also on: when Form I-526E is filed, how long the petition is pending, the Visa Bulletin at the time a visa becomes available, and whether the family proactively completes the visa application step within 1 year of the visa becoming available
• These cases should be reviewed individually by an immigration attorney

• Once USCIS approves Form I-526E and a visa is available, families usually continue the process through the National Visa Center (NVC): filing Form DS-260, preparing civil documents, completing the medical exam, and attending an interview at a U.S. embassy or consulate
• If you are already in the United States, an immigration attorney should assess whether you qualify for adjustment of status under current policy

• It depends on your immigration status, when you file, and USCIS policy at the time your case is processed
• A USCIS update dated May 22, 2026 indicates that adjustment of status (AOS) will be granted only in extraordinary circumstances
• It should not be assumed that investors already in the United States can always use concurrent filing — each case needs to be assessed by an immigration attorney

• The principal applicant must enter the United States before or at the same time as dependent family members — dependents should not enter first
• All family members must enter before the expiration date printed on the visa (usually up to 6 months from the date of issue, and possibly shorter if the medical exam results expire sooner)
• The USCIS Immigrant Fee must be paid for USCIS to issue the physical green card (actual timing depends on USCIS and can take up to 90 days)
• Children who are not protected under the CSPA remain subject to the age limit for dependent children

• After entering the United States on an EB-5 visa, or being approved for permanent resident status, investors usually receive a 2-year conditional green card
• Before this green card expires, the investor must file Form I-829 to remove the conditions
• Once Form I-829 is approved, the family receives unconditional permanent resident status

• EB-5 investors are not required to live near the project site — your family can live, study, and work in any U.S. state
• Permanent residents must maintain the intent to make the United States their permanent residence — absences of more than 6 months may lead to additional questioning at reentry
• Staying outside the United States for more than 1 year, or beyond the validity of a reentry permit, may require a returning resident (SB-1) visa — with the risk of the absence being treated as abandonment of permanent residence
• Your family should maintain a U.S. address, tax filings, bank accounts, insurance, schooling, and other genuine ties in the United States

Permanent residents may apply for naturalization after 5 years if they meet the following requirements:

• Continuous residence
• Sufficient physical presence in the United States
• Good moral character
• English language ability and knowledge of U.S. civics, as required

Extended travel can affect naturalization eligibility — families should plan their residence from the moment they receive their green cards.

• U.S. permanent residents are generally treated as U.S. tax residents under the green card test, which means you may have to file U.S. tax returns on your worldwide income, depending on your circumstances
• This is a key tax and wealth-planning issue for investors with assets or businesses outside the United States
• Consult a U.S. tax advisor both before and after receiving your green card

EB-5 involves 3 main areas of risk that need to be managed in parallel:

• Immigration petition risk — the source of funds or path of funds is not sufficiently documented
• Project risk — the project does not create enough jobs or does not meet USCIS requirements
• Capital risk — your EB-5 investment must be placed as capital that is genuinely at risk
• How IMM Group helps: assessing your immigration goals and reviewing your initial eligibility
• Coordinating with independent immigration attorneys
• Helping you understand the project structure, job cushion, collateral, regional center, developer, and exit timeline
• Helping you prepare your source-of-funds documentation and tracking the progress of your case

Start as early as possible if your family has:

• A child approaching 21
• Complex sources of funds
• Assets in multiple countries
• A plan to choose a rural (set-aside) project while visa availability remains favorable

Starting early gives you time to clearly document your source of funds, choose a suitable project, and avoid rushed decisions during the capital transfer stage.